No I don't think the SEC would have granted RPH a symbol based upon his word on anything. You see.. the SEC doesn't grant new symbols. the NASD does. However, the NASD would.. the process is simply an application.. nothing more. I know companies that have simply changed their name and symbol because they wanted to. No problem.
The entire reporting process is on Rufus' back.. and no one has asked him for anything .. well with the possible exception of the enforcement division. He is responsible for getting that 10K filed with the required amount of time or trouble will follow. Since he may be able to claim that FHAL was not a shell, he probably has till the end of Sept to get it done. If it isn't done by then, or whenever it is required.. then he will not be in compliance.. because of the trouble this presents.. most companies make sure they got the audits out of the way before merging but it appears that Rufus put the cart before the horse... unless of course, they just changed the name and didn't actually close the merger.. in which case you own a bb company with not much in it.. and the merger may never close.. that too would be awful.
I think this 10K presents a big hurdle.. a really big one since the auditors need to audit every subsidiary... every legitimate one anyway.